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2026 DAILYLAW 11075 (KAR)

MR. RAMESH H C (GUARANTOR) v. THE AUTHORIZED OFFICER,

WP/12386/2026 · 2026-04-21

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:21700 WP No. 12386 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 12386 OF 2026 (GM-DRT) BETWEEN: MR. RAMESH H C (GUARANTOR) S/O SRI. CHINNAIAH, AGED 54 YEARS, R/O NO.710, 2ND CROSS, 4TH STAGE, BEML LAYOUT, RAJARAJESHWARINAGAR, BANASHANKARI, BENGALURU-560 050. …PETITIONER (BY SRI. ASHOK K.L., ADVOCATE) AND: 1. THE AUTHORIZED OFFICER, BANK OF BARODA, ROSARB SOUTH BRANCH 4TH FLOOR, VIJAYA TOWER, TRINITY CIRCLE, BENGALURU - 560 001. 2. M/S VENTURE WORLD, PROPRIETOR, MRS.JAYALAKSHMI GOPINATH REG: OFFICE AT NO.86/1-74/75 GROUND FLOOR, 100 FEET RING ROAD, HOSAKEREHALLI, BANASHANKARI 3RD STAGE, BENGALURU - 560 050 Digitally signed by SUVARNA T Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21700 WP No. 12386 of 2026 3. MRS.JAYALAKSHMI GOPINATH (PROPRIETOR) R/AT NO.18TH 4TH MAIN, 2ND CROSS, SRINIVASNAGAR, BANASHANKARI 1ST STAGE, BENGALURU - 560 050 …RESPONDENTS (BY SRI. VIGNESH SHETTY, ADVOCATE FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED STATUTORY NOTICES DATED 18/02/2026, 31/03/2026 (VIDE ANNEXURE A AND B) IN THE INTEREST OF JUSTICE AND EQUITY AS ILLEGAL ARBITRARY AND OPPOSED TO THE PROVISION OF LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: "a. Set aside the impugned statutory notices dated 18-02-2026, 31-03-2026 (vide Annexure-A and B) in the interest of justice and equity as illegal Arbitrary - 3 - HC-KAR NC: 2026:KHC:21700 WP No. 12386 of 2026 and opposed to the provisions of law issued by respondent No.1. b. Grant such other reliefs as this Hon'ble Tribunal deems fit under the circumstances of the case including the award of costs of these proceedings in the interest of justice and equity." 2. Learned counsel appearing for the respondent/Bank submits that, the auction was conducted and the sale has been confirmed. Considering the fact that the writ petition is filed questioning the possession notice and the property has already been sold, the petitioner has an effective alternative remedy before the Debts Recovery Tribunal (for short 'DRT'). 3. In that view of the matter, this Court is passing the following: ORDER i. Accordingly, the writ petition is disposed of, giving liberty to the petitioner to avail the appropriate remedy before the DRT. ii. The petitioner shall have the benefit of Section 14 of the Limitation Act. - 4 - HC-KAR NC: 2026:KHC:21700 WP No. 12386 of 2026 iii. Pending IAs., if any, shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 17